Liability

[Unregistered]

I had an incident that happened today, I am wondering the possible out come of this situation. I had a drop.in care of a 6 year old this week.I was out of the center, when I got back two teachers informed me that he was sitting quietly in the other room with our infant teacher because he had been running and tripped and fell on his arm. The teachers told me that he had been told three times to stop running, he stopped and then started again. They put ice on it, I went in there and he was sitting watching a movie and did not seem to be in distress so I told him to go eat lunch with the other kids his age. After lunch he told me he didn't need his ice any more. He continued to do art project with us where he pelled crayons with both hands and seemed perfectly fine. So I didn't phone home because he seemed to be fine. When he was picked up he went and washed up from art and left. His sitter later called me and asked about the incident I told her when it happened and that he only whined for about 30 mins off and on and that he was mostly upset because he had been told that that is why we follow the rules and don't run. His sitter later called back and said they went to urgent care and the child's arm is broken. I'm wonder what all can happen to us as a daycare. We had adequate staffing and did everything that I can think we were supposed to. We have been open for almost a year and never had a child get hurt. Please advise. Thanks

[hope]

Did you have an accident report? Did you fill out anything about the incident in writing to the family? I would get a writer statement from the teachers that were there at the time. You will be held responsible. It happened under your care.

[mskaykay]

In CA.... anytime a child needs to be seen by a Dr because of an incident at the center we need to fill out an unusual incident report and submit it to licensing. Have all your teachers who witnessed the incident document what happened in detail. What happened, where they were standing, what they did in terms of first aid, how the child behaved. Licensing will come do an investigation. I have had children break arms twice here. Once the child fell off the slide because he wasn't coming down correctly and the second the child jumped off the swing. With the slide they investigated and found that it was just an accident and that was the end of it. With the swing they interview all the children in our care and asked if they were allowed to jump off the swing they said no but we were cited for lack of supervision because the teacher thought she would be in trouble for the child breaking his arm so she said she didn't see it happen. In our state you have 48 hrs to file the unusual report after the incident and then licensing is suppose to be out within three days.

[Blackcat31]

In CA.... anytime a child needs to be seen by a Dr because of an incident at the center we need to fill out an unusual incident report and submit it to licensing. Have all your teachers who witnessed the incident document what happened in detail. What happened, where they were standing, what they did in terms of first aid, how the child behaved. Licensing will come do an investigation. I have had children break arms twice here. Once the child fell off the slide because he wasn't coming down correctly and the second the child jumped off the swing. With the slide they investigated and found that it was just an accident and that was the end of it. With the swing they interview all the children in our care and asked if they were allowed to jump off the swing they said no but we were cited for lack of supervision because the teacher thought she would be in trouble for the child breaking his arm so she said she didn't see it happen. In our state you have 48 hrs to file the unusual report after the incident and then licensing is suppose to be out within three days.

VERY similar here in MN also.

I had an incident that happened today, I am wondering the possible out come of this situation. I had a drop.in care of a 6 year old this week.I was out of the center, when I got back two teachers informed me that he was sitting quietly in the other room with our infant teacher because he had been running and tripped and fell on his arm. The teachers told me that he had been told three times to stop running, he stopped and then started again. They put ice on it, I went in there and he was sitting watching a movie and did not seem to be in distress so I told him to go eat lunch with the other kids his age. After lunch he told me he didn't need his ice any more. He continued to do art project with us where he pelled crayons with both hands and seemed perfectly fine. So I didn't phone home because he seemed to be fine. When he was picked up he went and washed up from art and left. His sitter later called me and asked about the incident I told her when it happened and that he only whined for about 30 mins off and on and that he was mostly upset because he had been told that that is why we follow the rules and don't run. His sitter later called back and said they went to urgent care and the child's arm is broken. I'm wonder what all can happen to us as a daycare. We had adequate staffing and did everything that I can think we were supposed to. We have been open for almost a year and never had a child get hurt. Please advise. Thanks

What state are you in? Have you spoke to the child's parents yet or just the babysitter?

[llpa]

I hate to say this, but if he had to be told three times to stop, why didn't the caregiver stop him sooner? If he was repeatedly running, a teacher should have been watching and sitting him down. 30 minutes seems like a long time to be "whining". A six year old shouldn't be making the decision that he does or does not need ice on the arm or further care. You or a teacher should be making that call. I would have called someone to pick him up and let them make the decisions on his care, even tho he seemed fine, since he wasn't someone you see or care for every day. I think you might have some repercussions. Even tho you had appropriate coverage.